Iron And Metal Traders. Private LTD. , Bombay: Bombay Metal And Alloys Manufacturing Company Private LTD. , Bombay vs M. S. Haskiel: L. F. Crasto

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1983 Supreme(SC) 238

SUPREME COURT OF INDIA

D.A. DESAI, O. CHINNAPPA REDDY AND A. VARADARAJAN, JJ.
Iron and Metal Traders Pvt. Ltd. Bombay, Appellant
Versus
M.S. Haskiel and another etc. Respondents.
Civil Appeal Nos. 1521 (NL) and 1522 (NL) of 1978. D/- 24-8-1983.#
AND
Bombay Metal and Alloys Manufacturing Co. Pvt. Ltd. Bombay, Appellant
Versus
L.F. Crasto and others, Respondents.
Mr. M. C. Bhandare, Sr. Advocate. Mr. N. S. Parihar, Advocate with him , for Appellant; Mr. Madan G. Phadnis, Mr. Janardan Sharma and Mr. P. Gaur, Advocates for Respondents.
# From judgment and order of Industrial Tribunal Maharashtra. Bombay in reference (I. T.) and (T.) Nos. 248 and 247 of 1973. D/- 10-10-1975.

Advocates:
JANARDAN SHARMA, M.C.BHANDARE, MADAM PHADNIS, N.S.PARIHAR, P.Gaur

Headnote:
Disputes - Workmen - Backwages - Learned counsel for Appellants in both appeals - Disputes involved in these two appeals, are with reference to reinstatement of three workmen and backwages for 7 other workmen who are refused relief of reinstatement - Learned counsel vehemently argued that approach of Tribunal in ordering reinstatement was neither legal nor judicially correct – Court heard him and Court also looked at documents which he wanted Court to see –Held, Industrial Tribunal that this is a case of discrimination in dealing with cases of these appellants workmen involved in these two appeals inasmuch as many strikers were reinstated but these respondents were singled out for drastic treatment - Tribunal ordered reinstatement of three workers and awarded compensation to seven in lieu of relief of reinstatement - Approach of Tribunal is fair just and reasonabl - Court, therefore, see no justification for interfering with award of Tribunal in respect of these workmen in dispute – Court accordingly dismiss both appeals with costs quantified in respect of each workman respondent in each of these appeals - Appeals dismissed.

JUDGMENT

We heard Mr. M. C. Bhandare, learned counsel for the appellants in both the appeals. The disputes involved in these two appeals, are with reference to reinstatement of three workmen and backwages for 7 other workmen who are refused relief of reinstatement. Mr. Bhandare. learned counsel vehemently argued that the approach of the Tribunal in ordering reinstatement was neither legal nor judicially correct. We heard him and we also looked at the documents which he wanted us to see. We are in agreement with the finding of the Industrial Tribunal that this is a case of discrimination in dealing with the cases of these appellants workmen involved in these two appeals inasmuch as many strikers were reinstated but these respondents were singled out for drastic treatment. The Tribunal ordered reinstatement of three workers and awarded compensation to seven in lieu of relief of reinstatement. The approach of the Tribunal is fair just and reasonable. We, therefore, see no justification for interfering with the award of the Tribunal in respect of these workmen in the dispute. We accordingly dismiss both the appeals with costs quantified at Rs. 1,000 in respect of each workman respondent in each of these appeals.

Appeals dismissed.

For Citation: AIR 1984 SC 629

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